The legislation at issue imposed ‘civil disabilities’ on Members of Parliament against whom allegations of bribery had been sustained, including the loss of their seats in Parliament. The question arose whether they had been punished.
Held: Sir Douglas Menzies contrasted discuplinary and criminal proceedings. In the former category no offence was specified and no declaration of guilt made. ‘Speaking generally, however, their Lordships would observe that it is not readily to be assumed that disciplinary action, however much it may hurt the individual concerned, is personal and retributive rather than corporate and self-respecting.’
The words ‘amend or repeal’ do not cover or allow an alteration of a law by implication.
Citations:
[1968] AC 717, [1967] 3 All ER 485
Cited by:
Cited – Independent Jamaica Council for Human Rights (1998) Ltd and others v Marshall-Burnett and Another PC 3-Feb-2005
(Jamaica) A bill was presented to the Jamaican parliament to transfer the appellate jurisdiction from the Board of the Privy Council to the Caribbean Court of Justice.
Held: Whilst there was a duty to recognise and respect alternate courts, . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Commonwealth
Updated: 30 April 2022; Ref: scu.222759